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2013-01-22 Workshop & Regular Meeting Packet
Y{OUR} HOMETOWN CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP January 22, 2013 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., January 22, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Briefing/Discussion regarding transportation services and the Collin County Area Region Transit. (Bill Whitfield) 4. Discussion regarding Park Concessions Agreement. (Philip Sanders) 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-22-13 CC Regular Meeting Agenda.doc Posted 01-18-13 y�'D 6. Consider/Discuss/Action on any items listed on posted agenda for January 22, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., January 18, 2013. zIra 2fJiPwm Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-22-13 CC Regular Meeting Agenda.doc 2 Posted 01-18-13 El HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING January 22, 2013 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., January 22, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-22-13 CC Regular Meeting Agenda.doc 3 Posted 01-18-13 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of January 8, 2013. b. Authorize City Manager to solicit bids for water meters. (James Parkman) C. Review City of Anna Racial Profile Report. (Chief Jenks) d. Approve a resolution regarding a contract with the Cooperative Purchasing Network. (Clayton Fulton) e. Review EDC Minutes of September 8, 2012, September 25, 2012 and November 1, 2012. (Jessica Perkins) f. Review CDC Minutes of September 8, 2012, September 25, 2012 and November 1, 2012. (Jessica Perkins) g. Approval of Final Plat for "West Crossing Phase 2". (Maurice Schwanke) 6. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Chan C. Chung and/or others for public waterline and wastewater line easement associated with alterations to F.M. 455 in the City. (City Manager) 7. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Charles K. Green and/or others for public waterline and wastewater line easement associated with alterations to F.M. 455 in the City. (City Manager) 8. Consider/Discuss/Action approving a resolution regarding a contract between the City of Anna and Valley View consulting for investment advisory services. (Clayton Fulton) 9. Consider/Discuss/Action regarding a Resolution approving a Development Agreement with Q Seminole Anna Town Center LP. (City Manager) 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-22-13 CC Regular Meeting Agenda.doc 4 Posted 01-18-13 10. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 11. Consider/Discuss/Action on any items listed on posted agenda for January 22, 2013 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 12. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. January 18, 2013. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 01-22-13 CC Regular Meeting Agenda.doc 5 Posted 01-18-13 YOUR} ROMETOW N Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 22, 2013 Staff Contact: City Manager Account Code # Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Briefing/Discussion regarding transportation services and the Collin County Area Region Transit (Bill Whitfield) SUMMARY: The Collin County Area Regional Transit (CCART) is interested in expanding its transportation services to include the various cities in Collin County including the City of Anna. Bill Whitfield, former Mayor of the City of McKinney will brief the Council on CCART's plans which would involve the approval of the attached Interlocal Agreement with participating cities and the possible appointment of a City of Anna official to the Board of Directors. INTERLOCAL AGREEMENT This Inter -local Agreement (the "Agreement') is being made and entered into this day of , 2013, by and between the County of Collin and Collin County Area Regional Transit (CCART) and the Local Governments delineated in Appendix A as attached. Preamble WHEREAS, the Local Governments delineated in Appendix A are either agencies of the State of Texas or local governments as that term is defined in 791.003 of the Texas Government Code. WHEREAS, the Local Governments delineated in Appendix A desires to create a public transportation system to provide transportation services in their jurisdiction or subdivisions; and, WHEREAS, the Local Governments delineated in Appendix A desires to designate an administrative agency to supervise the performance of this Inter -local Agreement and operate and manage the public transportation system; and, WHEREAS, CCART is an existing political subdivision of the State of Texas, and, WHEREAS, CCART, its officers and supervisory employees are trained and experienced in the operation and management of public transportation and will provide public transportation services to the transit dependents of Collin County; and, WHEREAS, the Local Governments delineated in Appendix A deem it advisable to execute this Agreement with CCART and designate CCART as an administrative agency for the operation and management of the public transportation system; and, WHEREAS, this Agreement is made pursuant to and under the authority of Inter -local Cooperation Act of 1971, as amended, and codified in Chapter 791 of the Texas Government Code; and, WHEREAS, this Agreement is authorized by the governing body of the Local Governments delineated in Appendix A and the Board of Directors for CCART, NOW, THEREFORE, for and inconsideration of the mutual promises and covenants contained herein, it is agreed that: Purpose The purpose of this Agreement is to provide for a public transportation system to be operated within the jurisdiction or subdivisions of Collin County (the "Local Government"). Designation CCART is designated to supervise the performance of this Interlocal Agreement and to operate public transportation services for the transit dependent within the Local Government's jurisdictions and subdivisions. Governance CCART is governed by its existing independent board of directors. CCART is responsible to its Board of Directors and not to the governing bodies of the member local Governments. Rights and Duties 1. Management and Operation ofSystem. The Local Government retains and employs CCART to provide management services and to operate a public transportation system, comprising all properties, equipment, facilities, routes, and services now or hereafter existing for such purposes. CCART shall, employee, furnish and supervise the personnel necessary for the operation of this public transportation system. CCART shall assume the active direction of the transportation system, including transportation maintenance, schedule preparation, accounting, public relations, and shall administer employment policies including employee selection, training, and wages. It is the intention of the parties in the execution of this agreement, that CCART shall provide full and complete management services for public transportation systems owned by the Local Government during the term of this agreement, and any specific duties and obligations set forth herein shall not be construed as limitations. CCART further agrees to furnish for the active management and direction of the system such general managerial, administrative technical services and guidance, including but not limited to payroll, accounts payable, purchasing and general accounting, as necessary for the proper operation of the system. These services may be provided at the principal office of CCART, in McKinney, Texas, or at such other place, or places, as CCART shall determine. 2. Routes Schedules Fares. CCART agrees to manage, supervise, and operate the Local Government's public transportation in an efficient and economical manner. The public transportation system shall be operated on the schedule and at the rate of fare designated by CCART and approved by the Local Government. CCART shall have the authority to make modifications to any routes without the necessity of obtaining the Local Government's approval. 3. Grants in compliance with the Laws. CCART will pursue and apply for all grant funding programs to support the system. CCART will be responsible for executing grant agreements and receiving and managing grant funding. CCART will also be responsible for complying with the obligations and responsibilities under all grants and all accompanying certifications, assurances, and agreements made or given by the Local Government to the Federal Transit Administration, or Texas Department of Transportation, or any other applicable entity. CCART shall be responsible for complying with all applicable laws, rules, regulations, and guidelines, including, but not limited to, the Davis Bacon Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all United States Department of Transportation requirements. 4. Conflict oflnterests. CCART covenants and agrees that it presently has no interest and will not acquire, direct or indirect which conflicts with its efficient, diligent, faithful performance of the terms of this contract and agreement. This agreement shall not be assigned or transferred by CCART without prior written consent of the Local Government. 5. Payments to CCART. The Local Government and CCART understand and agree that the payments of their local share contribution shall constitute a current expense of the Local Governments each year in which the payments are due and shall not in any way be considered or construed to be a debt of the Local Government's contravention of any constitutional, statutory, or charter provision. Each Local Government paying for CCART's services must make those payments with current revenues available and the local Government hereby affirm that funds to pay said payments to CCART are available for the current fiscal year. 6. Sped ice Powers. CCART has all the powers of its member Local Governments necessary to operate it services. By way of illustration, but not for limitation, CCART has the power: to contract, to acquire and own real and personal property, and to expend grants from government, legal entities and individuals. CCART does not have the power: to obligate its member Local Governments, to assess its member Local Governments, or to adopt ordinances or other laws. 7. Legal Liability. As a designated political subdivision of the Local Governments, CCART is a "government unit" as that term is defined in Chapter 101 of the Texas Civil Practice and Remedies Code. Therefore, the extent of CCART's liability for actions arising out of the operation of a public transportation system shall be governed by Chapter 101 of the Texas Civil Practice and Remedies Code. 8. Interruption of Service. CCART shall not be liable to the Local Government for any failure, delay, or interruption of service, nor for any failure or delay in the performance of any duties and obligations under this Agreement or similar acts beyond the control of CCART. 9. Captions. The descriptive captions of this agreement are for informational purposes only and shall in no way limit or effect the terms or conditions of the paragraphs. 10. Serverability. The sections, paragraphs, sentences, clauses, and phrases of this Agreement are severable and, if any phrase, clause, sentence paragraph, or section of this Agreement should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Agreement. Addition of Members Additional Local Governments may join as member of CCART if CCART approves the Local Government. If approval is given, a Local Government shall join CCART by adopting and executing this agreement. Withdrawal of Member A Local Government may withdrawal from this agreement if it adopts a resolution of withdrawal and delivers it to CCART. Withdrawal is effective on the thirtieth (30th) day after the date the resolution is adopted. Dissolution CCART, as a governmental unit, may be dissolved by unanimous vote by the Board of Directors or withdrawal of all member Local Governments. Board of Directors shall dispose of the net assets as required by law. Effective Date and Term This Agreement shall take affect when adopted by the local Government. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their duly authorized agents and officers. SIGNED AND APPROVED this day of , 2013. LOCAL GOVERNMENTS Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of Collin County Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of Official of the City of APPENDIX "A" LOCAL GOVERNMENTS Collin County Judge and Commissioners Cities of UZA McKinney McKinney Melissa Lowry Crossing New Hope Celina Proper Princeton Cities of the UZA Dallas Forth Worth (DFW) Allen Fairview Lucas Murphy Frisco Parker Plano Wylie Saint Paul Sachse Cities of Rural Collin County Anna Blue Ridge Weston Nevada Josephine Farmersville YOUR} TTOMETOWN Council Meeting: January 22, 2013 Account Code #: N/A Item No. 4 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 11-1713 Budgeted Amount: N/A Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Discussion regarding Park Concessions Agreement. SUMMARY: RECOMMENDATION: K Is Ann Council Meeting: January 22, 2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Call to order. SUMMARY: RECOMMENDATION: Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 11-1713 Exhibits: ❑ Yes ❑ No Y{OUR} HOMETOWN Council Meeting: January 22, 2013 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 11-1713 Budgeted Amount: N/A Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Invocation and Pledge of Allegiance. LTO__ RECOMMENDATION: Y{OUA} HOMETOWN Council Meeting: January 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-17-13 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: YOUR} HOMETOWN Council Meeting: January 22, 2013 Account Code #: Budgeted Amount: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-17-13 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Y(OURI HOMETOWN Council Meeting: January 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 5 a - City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-17-13 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or "housekeeping" items required by lair. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular Minutes of January 8, 2013. b. Authorize City Manager to solicit bids for water meters. (James Parkman) C. Review City of Anna Racial Profile Report. (Chief Jenks) d. Approve a resolution regarding a contract with the Cooperative Purchasing Network. (Clayton Fulton) e. Review EDC Minutes of September 8, 2012, September 25, 2012 and November 1, 2012. (Jessica Perkins) f. Review CDC Minutes of September 8, 2012, September 25, 2012 and November 1, 2012. (Jessica Perkins) g. Approval of Final Plat for "West Crossing Phase 2". (Maurice Schwanke) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP January 8, 2013 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., January 8, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:34 pm. 2. Roll Call and Establishment of Quorum. Mayor, Mike Crist and Council Members, James T. Cook, Lauren Lovato, John Hopewell, John Geren, Nathan Bryan and Becky Glover were present. Council Member Cook made the motion to enter closed session at 6:35 pm. Council Member Glover seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions; discussion regarding the legal aspects for parks and recreation programs; Anna Melissa ETJ Boundary Agreement. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); purchase of park land and utility easements. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Hopewell made the motion to enter open session at 7:30pm.Council Member Geren seconded the motion. Motion passes. 01-08-13 CC Regular Meeting Minutes 1 01-08-13 AYE 7 NAY 0 ABSTAIN 0 4. Consider/Discuss/Action on any items listed on posted agenda for January 8, 2013 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Hopewell made the motion to take no action. Council Member Geren seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 5. Adjourn. Council Member Cook made the motion to adjourn at 7:31 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 0 1 -08-13 CC Regular Meeting Minutes 2 01-08-13 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING January 8, 2013 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., January 8, 2013, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you lavish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:31 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence, information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Recognition of Bradshaw and Son. (Councilman Geren) b. Recognition of Anna Fire Department Employees for life saving efforts. (Chief Gothard) 01-08-13 CC Regular Meeting Minutes 3 01-08-13 Council Member Geren presented a certificate of recognition to Bradshaw and Son. Chief Gothard presented certificates of recognition to Anna Fire Department employees. 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Special Minutes of December 10, 2012. b. Approve City Council Special Workshop Minutes of December 14, 2012 and December 15, 2012. C. Approve City Council Regular Minutes of December 18, 2012. d. Approve a Resolution Supporting TCAP Legislative Agenda. (City Manager) e. Approve a Resolution requesting restoration of TPW Parks Grant funding. (City Manager) Council Member Geren made the motion to approve. Council Member Hopewell seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 6. (a) Public Hearing: To consider public comment on a request by A. B. Roper and Pat Roper, owners of property, requesting a zoning change from Single Family Residential (SFR) to Restricted Commercial (Cl) zoning to allow the operation of offices/retail on the tract. The property is located at 413 W. White Street. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Mayor Crist opened the public hearing at 7:44 pm. There was no public comment. Mayor Crist closed the public hearing at 7:45 pm. (b) Consider/Discuss/Action adopting an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain property. The owner(s) is requesting a zoning change from Single Family Residential (SFR) to Restricted Commercial (Cl) zoning to allow the operation of offices/retail on the tract. The property is located at 413 W. White Street. (Maurice Schwanke) Council Member Hopewell made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 01-08-13 CC Regular Meeting Minutes 4 01-08-13 7. Consider/Discuss/Action approving the "Roper Addition" final plat. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Council Member Hopewell made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action approving a site plan for the "Roper Addition". (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Council Member Geren made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding an Ordinance amending the park use fees. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Hopewell seconded the motion. AYE 7 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding an appointment to serve a two-year term on the Greater Texoma Utility Authority Board of Directors. (City Council) Council Member Geren made the motion to nominate Dick Dowd. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 11. Discussion regarding Flag and Logo poles locations and height. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Staff and council discussed the item. Council wanted flag poles allowed and for staff to develop guide lines for them. 0 1 -08-13 CC Regular Meeting Minutes 5 01-08-13 12. Discussion/Briefing regarding video security system at city parks. (Chief Jenks) Chief Jenks briefed council on staff's intention to proceed with the purchase of the video system from Wildfire Connections and answered questions. Council Member Cook made the motion to enter closed session at 8:15 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions; discussion regarding the legal aspects for parks and recreation programs; Anna Melissa ETJ Boundary Agreement b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); purchase of park land and purchase of utility easements; The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Hopewell made the motion to return to open session. Council Member Cook seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 14. Consider/Discuss/Action on any items listed on posted agenda for January 8, 2013 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Hopewell made the motion to take no action. Mayor Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 01-08-13 CC Regular Meeting Minutes 6 01-08-13 15. Adjourn. Council Member Cook made the motion to adjourn at 8:41 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 ATTEST: Natha Wilkison, City Secretary Mike Crist, Mayor 01-08-13 CC Regular Meeting Minutes 7 01-08-13 YOUR}HOMETOWN Council Meeting: January 22, 2013 Account Code #: 60-701-6336 Budgeted Amount: $250,000. Item No. 5 (b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: James Parkman Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Authorization to solicit bids for auto read water meters. SUMMARY: Staff is requesting that the City Council authorize the solicitation of competitive bids for 1,500 auto read meters. This will allow us to complete the conversion of our water system to the auto read system saving a significant number of man hours for the Public Works Dept. The estimated cost is $245,000. RECOMMENDATION: Staff recommends approval of this request. _i CITY OF ANNA, TEXAS Item No. 5 c City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 22, 2013 Staff Contact: Chief Jenks Account Code #: Budgeted Amount: Exhibits: 9 Yes ❑ No AGENDA SUBJECT: Presentation of Police Dept's 2012 Racial Profiling Report SUMMARY: Each year by law, the Police Department must file a report concerning the racial makeup of persons that are detained by official Police action that resulted in either an arrest or citation, and present that report to the governing body of the City. For 2012, as is mandated, this report is available for the public to view on the website of Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). The Chief of Police presents the attached report for your information. A link to the report is posted on the City's Website. STAFF RECOMMENDATION: N/A Agency Name: Reporting Date: TCLEOSE Agency Number: Chief Administrator: Agency Contact Information: ANNA POLICE DEPT. 01/07/2013 KENNETH L. JENKS Phone:9729242848 Email: k-jenks e,annatexas.gov Mailing Address: ANNA POLICE DEPT. 101 S Powell Pkwy Anna, TX 75409 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132 (Tier 1) — Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling ANNA POLICE DEPT. has adopted a detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling; (2) strictly prohibits peace officers employed by the ANNA POLICE DEPT. from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the ANNA POLICE DEPT. if the individual believes that a peace officer employed by the ANNA POLICE DEPT. has engaged in racial profiling with respect to the individual; (4) provides public education relating to the agency's complaint process; (5) requires appropriate corrective action to be taken against a peace officer employed by the ANNA POLICE DEPT. who, after an investigation, is shown to have engaged in racial profiling in violation of the ANNA POLICE DEPT.'s policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and Page 1 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. I certify these policies are in effect. Executed by: KENNETH L. JENKS Chief Administrator ANNA POLICE DEPT. Date: 01/07/2013 Page 2 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education ANNA POLICE DEPT.Motor Vehicle Racial Profiling Information Number of motor vehicle stops: 1. 1039 citation only 2. 6 arrest only 3. 64 both Race or Ethnicity: 5 82 African 6. 5 Asian 7. 817 Caucasian 8. 196 Hispanic 9. 4 Middle Eastern 10. 5 Native American 4. 1109 Total (4, 11, 14 and 17 must be equal) 11. 1109 Total (lines 4, 11, 14 and 17 must be equal) Race or Ethnicity known prior to stop? 12. 124 Yes 13. 985 No Search conducted? 15. 78 Yes 16.1031 No Was search consented? 18.18 Yes 19.60 No 14. 1109 Total (lines 4, 11, 14 and 17 must be equal) 17. 1109 Total (lines 4, 11, 14 and 17 must be equal) 20. 78 Total (must equal line 15) Page 3 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Officer Standards and Education y{p�t}gpMETOWN Council Meeting: January 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No.5 (d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 1/17/13 Exhibits: d Yes 0 No AGENDA SUBJECT: Approve a resolution regarding a contract with The Cooperative Purchasing Network (TCPN). SUMMARY: TCPN's mission is to help other governmental agencies operate efficiently and economically. Utilizing a TCPN contract means we deal directly with the vendor, as you would normally, using the TCPN contract as our own. We will save the costs associated with the competitive bid process and reap the benefits of nationally leveraged pricing, all at no cost. RECOMMENDATION: Staff recommends the Council approve the resolution authorizing the City Manager to execute the ILA. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE TERMS AND CONDITIONS OF ANINTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER,WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER, AS OFFICIAL REPRESENTATIVE OF THE CITY OF ANNA RELATING TO THEPROGRAM. WHEREAS, the City Council of the City of Anna (the City) has been presented a proposed Interlocal Agreement (ILA) by and between the Region 4 Education Service Center, which sponsors The Cooperative Purchasing Network, and the City and found to be acceptable and in the best interests of the City and its citizens, are hereby in all things approved. WHEREAS, the City, pursuant to the authority granted under Sections 271.101 to 271.102 of the Local Government Code, desires to participate in the described purchasing program sponsored by the Region 4 Education Service Center which is known as The Cooperative Purchasing Network, and in the opinion that participation in this program will be highly beneficial to the taxpayers through the anticipated savings to be realized. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of the ILA. The Council hereby approves the ILA attached hereto as Exhibit 1 for participation in The Cooperative Purchasing Network, and authorizes, ratifies, and approves the City Manager's execution of same. The City Manager is hereby designated to act for the City in all matters relating to The Cooperative Purchasing Network including the designation of specific contracts in which the City desires to participate. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd day of January, 2013. APPROVED: ATTEST: PAGE 1 OF 2 Mike Crist, Mayor Natha Wilkison, City Secretary PAGE 2OF2 INTERLOCAL AGREEMENT Region 4 Education Service Center Contracting Parties School District or Public Entity Region 4 Education Service Center County -District Number 101 - 950 County -District Number This agreement is effective and shall be automatically renewed unless either party gives sixty (60) days prior written notice of non -renewal. This agreement may be terminated with or without cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Authority for such services is granted under Government Code, Title 7, Chapter 791 Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. The purpose of this cooperative is to obtain substantial savings for member school districts and public entities through volume purchasing. Role of the Purchasing Cooperative: 1. Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and billing. 6. Fully comply with all applicable state rules and regulations related to competitive procurement and cooperative purchasing in the State of Texas. Role of the Member School District or Public Entity: 1. Commitment to participate in the program as indicated by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. 5. Issue any and all contracts, purchase orders, or other applicable authorizations for purchase (Purchase Orders) made on behalf of TCPN vendors. This agreement, however, does not obligate Member to purchase any commodities and/or services under any TCPN contract. 6. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. 7. Pay vendors in a timely manner for all goods and services received. General Provisions The parties agree to comply fully with all applicable federal statutes, rules and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. It is the sole responsibility of each Member Agency to follow their state procurement statutes as it pertains to cooperative purchasing, or joint power agreements, with in-state or out-of-state public agencies. This Agreement shall be governed by the law of the State of Texas and venue shall be in the county in which the administrative offices of Region 4 ESC are located, which is Harris County, Texas. 4. If any term(s) or provisions of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. Before any party may resort to litigation, any claims, disputes or other matters in questions between the Parties to this Agreement shall be submitted to nonbinding mediation. 6. No party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees and agents as a result of this agreement being executed or the performance of the functions and obligations describe herein. This Agreement incorporates all agreements, covenants and understandings between the parties concerning subject matter in the Agreement. No prior agreement of understanding, verbal or otherwise, by the parties or their agents, shall be valid or enforceable unless embodied in this agreement. TCPN makes the contract available to the Member "as is" and is under no obligation to revise the terms, conditions, scope, prices, and/or any other requirements of the contract for the benefit of the Member. Region 4 ESC may amend this Agreement, provided that written notice is given to the Member no less than 60 days prior to the date that the change will take effect. 10. All forms of written notice, under this agreement, shall be made by first class mail, postage prepaid and delivered to the parties of the agreement. 11. Member agrees to cooperate in compliance with any reasonable request for information and/or records made by the Cooperative. Breach of this provision may be grounds for termination after 10 days written notice to the Member. 2 Authorization By execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. School District or Public Entity Authorized Signature Title Date Contact Person Title of Contact Street Address City, State Zip Contact's Telephone Number E-mail Address Region 4 Education Service Center Authorized Signature Region 4 ESC Chief Financial Officer Title Date Telephone Number robert.zingelmann@esc4.net Email Address MINUTES OF SPECIAL MEETING OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION ECOMO 0 DEVELOPKINf' CORPORAT101,1 Saturday, September 8, 2012 The Anna Economic Development Corporation ("CDC') of the City of Anna met at 12:59 p.m., (posted to begin at 12:00 p.m.) on Saturday, September 8, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. The meeting was preceded by a strategic planning workshop- conducted by Nancy Bartlett of Bartlett Alliance. 1. Call to Order Connie Stump, President, called the meeting to order, and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, and Sherilyn Godfrey. Directors who were absent: John Houcek, Sarah Jones and Duane Hayes. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer. 3. Discussion regarding a community garden on the EDC property. (Connie Stump). Not necessary. Maurice Schwanke will address the request. 4. Update on Buxton professional services. Jessica Perkins updated the Board on the progress of securing services from Buxton and the training she and Philip Sanders, City Manager, would receive. The City is very enthusiastic about this research, as it would identify retailers that best fit the market of Anna; and indicates which direction the City should move to best facilitate positive growth. 5. Consider/Discuss/Action regarding approving a budget amendment for the current fiscal year. 1. The Corporation may vote andlor act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act, 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the. City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-08-2012 Special EDC Minutes.doc Jessica Perkins provided a copy of the current fiscal year as part of the meeting packet. Jason Focht made a motion to accept the budget as amended. Sheri Godrey seconded the motion. Motion passed. The budget was amended for the purpose of providing for expenses pertaining to the agreement with Buxton and purchases for 312 N Powell Parkway. 6. Consider/Discuss/Action regarding approving a resolution for purchases related to project at 312 N. Powell Parkway. Image Vision, tenant at 312 N Powell Parkway, now wants to purchase a table and a credenza for the conference room at a cost of $2,377.92. Gene Bowles inquired of Jessica Perkins if IV had made any improvements to the facility. Jessica Perkins stated that IV paid for the conference room chairs, the blinds and the electrical problems after moving into the space. Based on that information the board discussed purchasing the conference room table and credenza at no charge to IV. Jason Focht asked who would own the furniture if the board proceeded to buy the table and credenza. Several options were discussed: 1) retain ownership; 2) buy-back at a discounted price; or 3) give ownership from the outset. Jessica Perkins told the Board that a few miscellaneous items such as a storage shelf unit for the mechanical room and slats for the fence to give privacy to both parties. After much discussion, led by Gene Bowles, regarding the location of the —® fence, which is not on the property line it was decided that stats would not be purchased to remedy the privacy problem. A discussion was held regarding the purchase of solar shades for the front windows. Sherilyn Godfrey made a motion to adopt the resolution and authorize Jessica Perkins to purchase the furniture and storage shelf unit for the mechanical room, and shades. The total not to exceed $3,000.00. Gene Bowles seconded the motion. Motion passed. 7. Consider/Discuss/Action regarding approving monthly electric payment for payments related to project at 312 N. Powell Parkway. Jessica Perkins informed the Board that it is necessary to set up an account with Southside Bank so that monthly payments can be sent, via wire transfer, for the monthly loan payment for the property at 312 N Powell Parkway; and an on-line account needed to be set up with the City of Anna for the irrigation account. Gene Bowles made a motion to set up an account at Southside Bank for payment via wire transfer or something similar; as well an account that can be paid on-line by the City of Anna for the irrigation bill. Jason Focht seconded the motion. Motion carried. 8. Consider/Discuss/Action regarding approval of the meeting minutes from August 2, 2012. Sherilyn Godfrey made a motion to accept the minutes as corrected. Gene Bowles and Sarah Jones did not attend the August 2, 2012, meeting. Jason Focht seconded the motion. Motion carried. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made, 09-08-2012 Special EDC Minutes.doc 9. Adjourn. Jason Focht made a motion to adjourn the meeting. Gene Bowles seconded the motion. Motion carried and the meeting adjourned at 1:47 p.m. APPROVED: Constance Anne ump President of EDC ATT S D: Sherilyn Godfre Secretary of EDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-08-2012 Special EDC Minutes.doc 3 MINUTES OF SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT CORPORATION DL C)NOM�C Thursday, September 25, 2012 GORPORAIION The Economic Development Corporation ("EDC') of the City of Anna, conducted a Special Meeting at 5:00 p.m., on Thursday, September 25, 2010, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Connie Stump, President of EDC, called the meeting to order at 5:32 p.m. and the following items were presented to the Board for its consideration, after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, Sherilyn Godfrey. Directors absent were: Sarah Jones, John Houcek and Duane Hayes A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. Tammy House, President of the Greater Anna Chamber of Commerce, also attended. 3. Consider/Discuss/Action regarding passing a resolution approving an annual agreement with the Greater Anna Chamber of Commerce. Historically, the EDC and CDC boards have sponsored the annual events of GACC. This year, at the request of GACC, EDC will sponsor the Awards Banquet, Golf tournament, July 4th celebration, Fall Glow Fest, and the Christmas Parade. The amount needed is $19,500, to cover increasing costs of insurance and public safety, due to higher attendance. Gene Bowles made a motion to adopt the Resolution authorizing the President, Connie Stump, President of EDC to execute the "Agreement for Sponsorship Commitment for 2092-2013,"on behalf of EDC, and Sara Cox, on behalf of GACC, in the amount of $19,500, for the aforementioned events. The motion was seconded by Sherilyn Godfrey. The funds will be provided to GACC prior to each event, but is contingent upon GACC providing a Letter of Intent to organize and hold the corresponding event as set forth in the Agreement. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-25-2011 Special EDC Minutes.doc 4. Considering/Discuss/Action regarding adopting a current fiscal year budget amendment. It is necessary for City staff to amend the current fiscal year to include and recognize the monies received from the loan disbursement as well as the increase in debt and interest payments on the property located at 312 N. Powell. To do this, the Board's consent is required. John Houcek made a motion to amend the budget to include these items in the current fiscal budget. Gene Bowles seconded the motion. Motion passed. 5. Adjourn. John Houcek made a motion to adjourn. Gene Bowles seconded the motion. Motion passed and the meeting was adjourned at 5:36. APPROVED: Constance Anne tump President of EDC ATTESTED: Sherilyn Godfrey Secretary of EDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-25-2011 Special EDC Minutes.doc Fi MINUTES OF MEETING OF THE ECONOMIC DEVELOPMENT CORPORATION otvc OP MENT Thursday, November 1, 2012 CORPORATION The Economic Development Corporation ("EDC") of the City of Anna, conducted a meeting at 5:00 p.m., on Thursday, November 1, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Connie Stump, President of EDC, called the meeting to order at 5:35 p.m. and the following items were presented to the Board for its consideration, after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, Sherilyn Godfrey, Sarah Jones, and John Houcek. Director, Duane Hayes, was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for EDC. 3. Discussion and update on Buxton Professional Services. Jessica Perkins reported that Buxton had prepared a list of retailers that match Anna's economic profile. The City has some questions and has set up a conference call with Buxton. The list is to be finalized in time for the ISCS convention, to be held in Dallas, Texas. 4. HOLD CLOSED: (exceptions): a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 651 of the Government Code (Tex. Gov't Code §551.071); and, 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act, 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-01-2012 Special EDC Minutes.doc c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). Connie Stump read the foregoing into the record. Sherilyn Godfrey made a motion to enter Closed Session. Sherilyn Godfrey seconded the motion. Motion passed. The Board entered into Closed Session at 5:41 p.m. A discussion was held regarding new businesses that were interested in moving to Anna. Sarah Jones made a motion to return to Open Session. Gene Bowles seconded the motion. Motion passed. The Board returned to Open Session at 6:10 p.m. 4. Discussion regarding fiscal year budget. Tabled. 5. Adjourn. Jason Focht made a motion to adjourn. Sherilyn Godfrey seconded the motion. Motion passed and the meeting was adjourned at 6:15 p.m. APPROVED: i ATTESTED: onstance Anne Sump Sherilyn Gov y President of EDC Secretary of EDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act, 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-01-2012 Special EDC Minutes.doc 2 The Anna Community Development Corporation ("CDC') of the City of Anna met at 12:41 p.m., (posted to begin at 12:00 a.m.), on Saturday, September 8, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. The meeting was preceded by a strategic planning workshop conducted by Nancy Bartlett of Bartlett Alliance. 1. Call to Order Jason Focht, President, called the meeting to order, and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, Sherilyn Godfrey. Directors absent were Duane Hayes, John Houcek, and Sarah Jones. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer. 3. Invocation and Pledge. Skipped. 4. Consider/Discuss/Action regarding a budget amendment for the fiscal year. Jessica Perkins, CAO, requested of the Board that monies be removed from 6941 Other Capital Expenditures and 6753 Legal and moved to 6703 Buxton Contract. Gene Bowles made a motion to approve and move funds in the amount of $10,300, to 6703 Buxton Contract. Sherilyn Godfrey seconded the motion. Motion passed. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made, 09-08-2012 Special CDC Minutes.doc MINUTES OF SPECIAL MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION (,W W, lTY Saturday, September 8, 2012 C0RPORAtI The Anna Community Development Corporation ("CDC') of the City of Anna met at 12:41 p.m., (posted to begin at 12:00 a.m.), on Saturday, September 8, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. The meeting was preceded by a strategic planning workshop conducted by Nancy Bartlett of Bartlett Alliance. 1. Call to Order Jason Focht, President, called the meeting to order, and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, Sherilyn Godfrey. Directors absent were Duane Hayes, John Houcek, and Sarah Jones. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer. 3. Invocation and Pledge. Skipped. 4. Consider/Discuss/Action regarding a budget amendment for the fiscal year. Jessica Perkins, CAO, requested of the Board that monies be removed from 6941 Other Capital Expenditures and 6753 Legal and moved to 6703 Buxton Contract. Gene Bowles made a motion to approve and move funds in the amount of $10,300, to 6703 Buxton Contract. Sherilyn Godfrey seconded the motion. Motion passed. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made, 09-08-2012 Special CDC Minutes.doc 5. Consider/Discuss/Action regarding approving the minutes from July 24, 2012 and August 2, 2012. Connie Stump made a motion to approve the aforementioned minutes subject to correction. Gene Bowles did not attend the meeting on August 2, 2012. Gene Bowles seconded the motion. Motion passed. 6. Adjourn. Gene Bowles made a motion to adjourn the meeting. Connie Stump seconded the motion. Motion carried and the meeting adjourned at 12.58 p.m. APPROVED: J on Focht President of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-08-2012 Special CDC Minutes.doe 2 ai t{ 4 Po MINUTES OF SPECIAL MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION C01 Thursday, September 25, 2012 Cif 1fe !.f1PiA"t; i l..{.}i:t PO RAI I01., A Special Meeting of the Community Development Corporation ("CDC') of the City of Anna, was called at 5:00 p.m., on Thursday, September 25, 2010, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Jason Focht, President of CDC, called the meeting to order at 5:12 p.m. and the following items were presented to the Board for its consideration, after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, Sherilyn Godfrey, Sarah Jones, John Houcek and Duane Hayes. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. Tammy House, President of the Greater Anna Chamber of Commerce was also present. 3. Invocation and Pledge. Gene Bowles gave the invocation and led the directors in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding passing a resolution approving a Project Agreement with the City of Anna regarding Slayter Creek Park. The CDC issued bonds in the amount $1.6M to assist the City with the improvements of Slayter Creek Park. Therefore, the City has requested that there be an agreement with CDC to define the disbursement of funds and enables the City to pay its financial obligations. Once the project is finished, the improvements to the park will belong to the City. Connie Stump made a motion to adopt the Resolution with the attached Exhibit A, "City of Anna and Anna Community Development Corporation, 2012 Project Agreement, authorizing the Agreement to be executed by the President, Board of Directors on behalf of CDC. Philip Sanders, City Manager, will sign on behalf of the City. John Houcek seconded the motion. Motion passed. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justilied under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-25-2012 Special CDC Minutes.doc 5. Consider/Discuss/Action regarding passing a resolution approving an annual agreement with the Greater Anna Chamber of Commerce. Historically, the EDC and CDC boards have sponsored the annual events of GACC. This year, at the request of GACC, CDC will sponsor the Fall Glow Fest, Christmas Parade, Golf tournament, July 0 celebration and the Annual Banquet. The amount needed is $20,500, to cover increasing costs of insurance and public safety, due to higher attendance. John Houcek made a motion to adopt the Resolution and to authorize funds in the amount of $20,500 for the aforementioned events; and authorize Jason Focht, President of CDC, to execute the Agreement for Sponsorship Commitment for 2092-2013," on behalf of CDC. Sara Cox will sign on behalf of GACC. The motion was seconded by Connie Stump. Motion carried. The funds will be provided to GACC prior to each event, but is contingent upon GACC providing a Letter of Intent to organize and hold the corresponding event as set forth in the Agreement. 6. Consider/Discuss/Action regarding approving a current fiscal year budget amendment. Jessica Perkins requested of the Board that monies be moved in order to recognize the bond proceeds issued in August and to cover a portion of the Buxton Agreement expenditure. John Houcek made a motion to amend the budget by changing Line Items: 6703 Contract Services, 6711 Travel, 6753 Legal, 6761 Dues, Publications, and 6941 Other Capital Expenditures. Gene Bowles seconded the motion. Motion passed. These changes will increase the budget by approx. $55,000.00 7. Adjourn. John Houcek made a motion to adjourn. Connie Stump seconded the motion. Motion passed and the meeting was adjourned at 5:31 p.m. APPROVED: W %��— AZ- J46n Foc t Sherilyn President of CDC Secretary 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-25-2012 Special CDC Minutes.doc 2 The Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., Thursday, November 1, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Jason Focht, President of CDC, called the meeting to order at 5:01 p.m. and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, Sherilyn Godfrey, Sarah Jones, and John Houcek. Director, Duane Hayes, was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Invocation and Pledge Gene Bowles gave the Invocation and led the Board in the Pledge of Allegiance. 4. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS 551.072 AND 551.087 OF TEXAS GOVERNMENT CODE TO DISCUSS: a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); and, c. Discuss or deliberate Economic Development Negotiations: 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerting any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-01-2012 Regular CDC Minutes.doc MINUTES OF REGULAR MEETING OF THE COMMUNITY DEVELOPMENT CORPORATION ENf Thursday, November 1, 2012 C.'OR11011Ariot�j The Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., Thursday, November 1, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Jason Focht, President of CDC, called the meeting to order at 5:01 p.m. and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump, Sherilyn Godfrey, Sarah Jones, and John Houcek. Director, Duane Hayes, was absent. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Invocation and Pledge Gene Bowles gave the Invocation and led the Board in the Pledge of Allegiance. 4. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER SECTIONS 551.072 AND 551.087 OF TEXAS GOVERNMENT CODE TO DISCUSS: a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); and, c. Discuss or deliberate Economic Development Negotiations: 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerting any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-01-2012 Regular CDC Minutes.doc (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087). Jason Focht read the foregoing into the record. Sherilyn Godfrey made a motion to enter Closed Session. Gene Bowles seconded the motion. Motion passed. The Board entered into Closed Session at 5:10 p.m. A discussion was held regarding businesses that were interested in moving to Anna. Connie Stump made a motion to return to Open Session. Sherilyn Godfrey seconded the motion. Motion passed. The Board returned to Open Session at 5:35 p.m. 6. Consider/Discuss/Action regarding approving the minutes from September 8, 2012 and September 25, 2012. 6. Discussion regarding fiscal year budget. Tabled. 7. Adjourn. Jason Focht made a motion to adjourn the meeting. Connie Stump seconded the motion. Motion carried and the meeting adjourned at 5:37 p.m. APPROVED: PresidentJasbh Focht Secretary of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 11-01-2012 Regular CDC Minutes.doc Y{OUR} HOMETOWN Council Meeting: January 22, 2013 Item No.5 (g) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Account Code #: N/A Date Prepared: 1/17/13 Budgeted Amount: N/A Exhibits: ■ Yes ❑ No AGENDA SUBJECT: Approve the "West Crossing Phase 2" final plat. SUMMARY: The Engineering plans for West Crossing Phase 2 have been reviewed. The Phase 2 improvements will be south of Hackberry Street and west of Slayter Creek. The staff is recommending approval of this plat. Rough grading has already occurred and installation of the infrastructure should begin soon. Please note that a variance is being sought for the length of Hurstwood Court which is 135 feet longer than normal. Do to the shape of the property and since the lots are larger than most other areas built in the last 10 years this appears to be a reasonable request. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission will review the plat at a special meeting scheduled on January 21, 2013. RECOMMENDED ACTION: Approval 5 O 054254E .oaa to/dP°p� 124.78' aot 5 0151'19' [ M,LZq� y C53 b Nh � S 2 ')LC9 ti65 ,NL9 d .601QC0 0',,NL9 S ,NL9 3.5£8U .61 L9 •LZ,LZ.[0 ,SSl9 SIC 63N' ---"� o� _o F Z � VSF z AVIS C` AVIS N W m � \ at z m m ;NZ9 emj4ra _ CE -,NZ9- W'a s a zo �a F s TMs o X6'99 h ;i a;3 aka' Q�+ B � �A w x Nav Uma 9' 3 R ,6)L9 ,NL9 ,6Cffl n d bmo� JJb~JN B&. 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YWa Q U Om u1 meg' OUaU I o J � J d N 2 V N 3 a 201 � Z N Q s a�� R° P aa- ku B $S`8 �E yBy a _$ n .9 MOH laaJlS� o_ �m qa� Nho �+ a �«� dess°9� 9 �� � � xa � � a•O (,vSF 2 m `� `�x��Aio�OQQ Q ► �`z4F a N O h UO i M �a a� aot�z El C E-4 U =ERa M a°kg 2° �Re$ °cpm aem o RR a �qo'= oeR« 6q$ sa a$E°a o e°Y`u c Baa u i G oo�Rz opo n! w o4 « pqing woaRm «cniY 2 R£ o < "in E t fit4 Pdg °`oe a° � ssaE''E�oE;Y , 6 0 0 F °��u o'°m E,ce `s _ K oaaa _aW y� "g; uRe c n gz W a£a$E-oenP$R 2 m rE P p�'moo 4 �R n ka �« o m ° n z h n K '•� N _ e° m W R� �acep��a a 19 o g.eR in v~o<oaa moE3xu R P i 115 IIPhR�ci 2aoa�we 8sm ANNA,TEXAS Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 22, 2013 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: Exhibits: K Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Chan C. Chung and/or others for public waterline and wastewater line easement associated with alterations to F.M. 455 in the City. (City Manager) SUMMARY: Condemnation of a certain easement as set forth in more detail in the proposed written resolution has now become necessary for the next phase of the above -referenced project to commence. This resolution will further authorize such condemnation and other actions related thereto. Any motion to approve the resolution should be made precisely as follows: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 618 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 0.2135 acre tract of land described in a deed to Chan C. Chung, as recorded in Volume 5965, Page 2924 of the Official Public Records of Collin County, Texas, said 618 square feet of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for a waterline and wastewater line easement." RECOMMENDED ACTION: Resolution be approved. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATERLINE AND WASTEWATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 618 SQUARE FEET OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation plans to construct improvements to F.M. 455 in the City of Anna, Texas, requiring the City to relocate, reconstruct, replace, repair and/or install waterlines and wastewater lines to meet the public need to provide water and wastewater system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain waterline and wastewater line easement not now held by the City of Anna for such water/wastewater utility system relocation/installation and improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easement and/or to pursue the easement under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a waterline and wastewater line easement providing rights on and under 618 square feet of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of relocation, installation, maintenance, replacement, and/or repair of waterlines and wastewater lines and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easement to be Acquired 2.01 The necessary permanent waterline and wastewater line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 618 square feet of real property (the "Easement"), held by Chan C. Chung and/or others. Said approximate 618 square feet of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. 2.02 Notwithstanding any notations to the contrary in said Exhibit A, the City's intent is to acquire an easement for both a waterline and a wastewater line, and all necessary and appropriate appurtenances thereto. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing waterlines and/or wastewater lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys—as necessary and in the appropriate sequence—to have the Easement appraised by a certified appraiser, to send the landowner(s) a copy of the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary final monetary offers in an attempt to acquire the permanent waterline and wastewater line easement on and under the affected real property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Easement in an efficient manner, and, if necessary, to CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this 22nd day of January, 2013. ATTESTED: City Secretary, Natha Wilkison Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 County: Collin Highway: FM 455 R.O.W. CSJ: 0816-04-046 Description for Wastewater Easement Page 1 of 3 January 16, 2013 BEING 618 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas; and being out of and a part of the 0.2135 acre remainder of that certain called 0.2718 acre tract of land described in a deed to Chan C. Chung (Chung tract), as recorded in Volume 5965, Page 2924 of the Official Public Records of Collin County Texas; said 618 square feet of land being more particularly described by the metes and bounds as follows COMMENCING at a 5/8 -inch iron rod with aluminon cap stamped "TxDOT" found in the East line of said Chung tract, same being the Southeast corner of that certain called 0.058 acre tract of land described in a Notice of Lis Pendens to the State of Texas (State tract), as recorded in Document Number 20110811000848430 of the Official Public Records of Collin County, Texas; same also being in the existing West Right-of-way line of State Highway 5, as recorded in Volume 297, Page 585 of the Official Public Records of Collin County Texas; THENCE North 42° 05' 29" West with the common line between said Chung tract and said State tract, a distance of 48.50 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING, said PLACE OF BEGINNING being the beginning of a curve to the left whose long chord bears North 88° 45' 53" West, 48.69 feet; 1) THENCE Northwesterly, crossing said Chung tract with the South line of the herein described easement, curving to the left, having a radius of 4925.00 feet, through a central angle of 00° 33' 59" for an are distance of 48.69 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set in the West line of said Chung tract, same being the East line of that certain called 0.275 acre tract of land described in a deed to Charles K. Green (Green tract), as recorded in Volume 5858, Page 3868 of the Official Public Records of Collin County Texas; 2) THENCE North 04° 08' 51" East with the common line between said Chung tract and said Green tract, a distance of 15.02 feet to a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found for the Southwest corner of the aforesaid State tract, said corner being the beginning of a curve to the right whose long chord bears South 88° 50' 33" East, 33.73 feet; 3) THENCE Southeasterly with the common line between said Chung tract and said State tract, curving to the right, having a radius of 4940.00 feet, through a central angle of 00° 23' 28", for an are distance of 33.73 feet to a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found for an angle point; County: Collin Highway: FM 455 R.O.W. CSJ: 0816-04-046 EXHIBIT "A" Description for Wastewater Easement Page 1 of 3 January 16, 2013 4) THENCE South 42° 05' 29" East with the common line between said Chung tract and said State tract, a distance of 20.69 feet to the PLACE OF BEGINNING and containing 618 square feet (0.014 Acres) of land, more or less. Notes: A survey plat is to accompany this legal description. Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. 1, Royal T. Brown, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. ca% It�- Izol3 Registered Professional Land Surveyor No. 3881 DANNENBAUM ENGINEERING CORPORATION T.B.P.L.S. REGISTRATION NO. 101188-00 3100 West Alabama Houston, Texas 77098 Office (713) 520-9570 Fax (713) 527-6452 i 1d THE,FII�ST NATIONAL BANK 91= VAN ALSTYNE EXISTING RI //V ,L.4949, PG.271 OF WAY LI O.P.R.C.C.T. STATEOF7EXAS EXHIBIT R TXDQT' CAP TXDOT CAP /OCAP°T HENRY BRANTLEY SURVEY ABSTRACT No.71 V.372, P. 225 N FM 455 OP.R.00.f. •1 WASTEWATER STATEOFTEXAS EASEMENT ooc.nzotiaarraaoa+who(O .�.. �....-.-._��..-_._. �...� O.P.R.C.C.T. STATEOFTEXA3 EXISTING RIGHT 618 SF —'—""'-'—"^'-- -•------ •---_..—.., V. 372, P. 223 0:014 AC o.Pxccr. OF WAY LINE TXDOT TXDOT TXDOT 29„W Q ..". -CAP CAP N42°05 TXDOT TXOOT 50' CAP CAP POB 48. PROP EASEMENT LINE. DETAIL RM TXDOT POST CAP�G O E=25 sos.zss � E=2563759.757 FOUND ItTCIR co JO O FOUND FOUND 1!2`IR t' PIPE JOSEPH FINLEY DOCUMENT NUMBER 95-0087243 CHARLES K. GREEN FOUND 1r2'CIR O.P.R.C.C.T. VOL.5858, PG. 3868 s6s'zis6 E0.76' O.P.R.C.C.T. PATRICIA LEE ROPER AND AMON BURL ROPER4 a_ VOL. 2094, PG. 741 CHAN C. CHUNG w oar O.P.R.C.C.T. VOL.5965, PG. 2924 O.P.R.C.C.T. JAMES D. HOLLAND et ux DETAIL N.T.S. EXISTING RIGHT MICHAEL JAKE HENDRICKS, TRUSTEE VOL. 558, PG. 632 OF WAY LINE EVELYN McLAIN HENDRICKS TRUST rxoor DOCUMENT NUMBER 94-0078357 O.P.R.C.C.T cnP C2 TXDOT CAP O.P.R.C.C.T. w o � spa s�s GRANDERSON STARK SURVEY SC1 POB ABSTRACT No.798 PROP EASEMENT LINE Notes. Legaldescrlptlon to occompofy His survey sketch. } 4 BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR h ` \ IN 6,962,112.4020, E 2,411,057.5050 GRIDI AND CORS X STATION TXDA IN 6,978,860.0906, E 2,529,861.8623 GRIDI N.A.D. 83, WHICH IS NORTH 8r 58' 33• EAST- TEXAS PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202). ALL DISTANCES AND COORDINATES f SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY r�✓• r TXDOT CONVERSION FACTOR 1.000152710. Page 3 of 3 LEGEND • Monument found 'as noted' Q • %'Iron rod w/ plastic cap stamped 'Donnenboum EnglneerW POC - Place Of Commencing POB • Place Of Beginning 'T • Property LIM SL • Survey Une ti • Fee Hook O.R.R.C.C.T. - Official Public Records, Collin County, Texas C1 C2 CH = N88°45'53"W CH = S88°50'33"E CH = 48.69' CH = 33.73' R = 4925.00' R = 4940.00' L = 48.69' L = 33.73' A = 00°33'59" LT. A = 00°23'28" RT. 0 50 100 150 SCALE IN FEET WASTEWATER EASEMENT In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner: Chan C. Chung 618 Square feet or 0.014 acres ENGINEERING CORPORATION T.B.P.L.S. REG. NUMBER 101188-00 3100 WEST ALABAMA HOUSTON, TEXAS 77098 (713)520-9570 CITY OF ANNA, TEXAS Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: January 22, 2013 Staff Contact: Philip Sanders Account Code #: Budgeted Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Charles K. Green and/or others for public waterline and wastewater line easement associated with alterations to F.M. 455 in the City. (City Manager) SUMMARY: Condemnation of a certain easement as set forth in more detail in the proposed written resolution has now become necessary for the next phase of the above -referenced project to commence. This resolution will further authorize such condemnation and other actions related thereto. Any motion to approve the resolution should be made precisely as follows: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 1,247 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 0.275 acre tract of land described in a deed to Charles K. Green, as recorded in Volume 5858, Page 3868 of the Official Public Records of Collin County, Texas, said 1,247 square feet of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for a waterline and wastewater line easement." RECOMMENDED ACTION: Resolution be approved. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT WATERLINE AND WASTEWATER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 1,247 SQUARE FEET OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation plans to construct improvements to F.M. 455 in the City of Anna, Texas, requiring the City to relocate, reconstruct, replace, repair and/or install waterlines and wastewater lines to meet the public need to provide water and wastewater system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain waterline and wastewater line easement not now held by the City of Anna for such water/wastewater utility system relocation/installation and improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easement and/or to pursue the easement under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a waterline and wastewater line easement providing limited rights on and under 1,247 square feet of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of relocation, installation, maintenance, replacement, and/or repair of waterlines and wastewater lines and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easement to be Acquired 2.01 The necessary permanent waterline and wastewater line easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 1,247 square feet of real property (the "Easement"), held by Charles K. Green and/or others. Said approximate 1,247 square feet of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. 2.02 Notwithstanding any notations to the contrary in said Exhibit A, the City's intent is to acquire an easement for both a waterline and a wastewater line, and all necessary and appropriate appurtenances thereto. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing waterlines and/or wastewater lines. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys—as necessary and in the appropriate sequence—to have the Easement appraised by a certified appraiser, to send the landowner(s) a copy of the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary final monetary offers in an attempt to acquire the permanent waterline and wastewater line easement on and under the affected real property consistent with the appraisal(s), when appropriate, and to convey the City's CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 desire to acquire the Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this 22nd day of January, 2013. ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 EXHIBIT "A" County: Collin Pagel of 3 Highway: FM 455 April 10, 2012 City of Anna Description for Waterline and Wastewater line Easement BEING 1,247 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 0.275 acre tract of land described in a deed to Charles K. Green (Green tract), as recorded in Volume 5858, Page 3868 of the Official Public Records of Collin County Texas; said 1,247 square feet of land being more particularly described by the metes and bounds as follows COMMENCING at a found 1 -inch iron pipe for the Southeast corner of said Green tract, same being the Southwest corner of that certain 0,2718 acre tract of land described in a deed to Chan C. Chung (Chung tract), as recorded in Volume 5965, Page 2924 of the Official Public Records of Collin County Texas; same being in the North line of that certain tract of land described in a deed to James D. Holland (Holland tract), as recorded in Volume 558, Page 632 of the Official Public Records of Collin County, Texas; THENCE North 890 22' 58" West with the common line between said Green tract and said Holland tract, a distance of 88.27 feet to the Southwest coiner of said Green tract and the Northwest corner of said Holland tract; same being in the Northerly East line of that certain called 8.19 acre tract of land described in a deed to Michael Jake Hendricks, Trustee, Evelyn McLain Hendricks Trust (Hendricks tract), as recorded in Document Number 94-0078357 of the Official Public Records of Collin County Texas; THENCE North 04° I V 10" East with the common line between said Green tract and said Hendricks tract, a distance of 114.16 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING; 1) THENCE North 04° 11' 10" East with the common line between said Green tract and said Hendricks tract, a distance of 15.03 feet to a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found for the Existing South Right-of-way Line of FM 455 as recorded in Document Number 20111228001397460 of the Official Public Records of Collin County Texas; 2) THENCE South 8912649" East with said Existing South Right-of-way Line of FM 455, a distance of 47.90 feet to a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found for the beginning of a curve to the right, whose long chord bears South 89° 14' 33" East, 35.23 feet; 3) THENCE Southeasterly with said Existing South Right-of-way Line of FM 455, curving to the right, having a radius of 4940.00 feet, through a central angle of 001 24' 31 ", for an arc distance of 35.23 feet to a 5/8 -inch iron rod with aluminum cap stamped "TxDOT" found in the East line of said Green tract, same being the West line of the aforesaid Chung tract; EXHIBIT "A" Continued County: Collin Page 2 of 3 Highway: FM 455 April 10, 2012 City of Anna 4) THENCE South 04° 08' 51 West with the common line between said Green tract and said Chung tract, a distance of 15.02 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner, said corner being the beginning of a c-urve to the left, whose long chord bears North 89° 14' 51" West, 34.29 feet; 5) THENCE Northwesterly, crossing said Green tract, with the South line of the herein described easement, curving to the left, having a radius of 4925.00 feet, through a central angle of 001 23' 56", for an are distance of 34.29 feet to a 5/8 -inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the end of said curve; 6) THENCE North 890 26' 49" West, continuing across said Green tract with the South line of the herein. described easement, a distance of 48.85 feet to the PLACE OF BEGINNING and containing 1,247 square feet (0.029 Acres) of land, more or less. Notes: Survey plat to accompany this legal description. Basis of Bearings is a line between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East -- Texas State Plane, North Central Zone (4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.000152710. 1, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. OF Michael TFf Michael Dan DavisG' S 7 E,� Registered Professional Land Surveyor No. 483 8 ?R ... • .. � • .. •... : Dannenbaum Engineering Company Fort Worth — LLC MICHAEL DAN DAVIS T.B.P.L.S. Registration Number 101188-02 4e38 P 6421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 9ti °Fs s s rc? • O� Office: 817--763-8883, Fax: 817-377-2956 s It Ft \1 �� eFIIJIST NATIONALf EXHIBIT 'A' J, T oT �ti.J 91f VAN ALSTYNE EXI TING RIGHT' °` = /% c'y r HEW Rl(� R L4949,, PG .:27 ,--- - .1 O W Y O.P.R.C.C.T,_r-LINE . Txoor "•--` 1- t) _!!! ! CAP CAP - N1IVASTEVIfATER._ _— EASEMENT I _ - --- --- _ to _ EXXINCTRI�M� 4 srAieoFrExns' r O -VII 1/'LINE� / O.0' 9A0 �ooc.ammi2womma T1cooT:_ - I TxoOT : - •'-- - - 1CaP, SEE TAIL CAP TXDOT P �xaor `' % Opp ` Jji CI�P P09 �_. 1 ,. PRaP`EASEMENT CINE= PATRICIA LEE ROPER AND AMON BURL ROPER VOL. 2094, PG. 741 O.P.R.C.C.T. MICHAEL JAKE HENDRICKS, TRUSTEE EVELYN McLAIN HENDRICKS TRUST DOCUMENT NUMBER 94-0078357 OPRCCT JAMES D. HOLLAND et ux VOL 558, PG. 632 O.P.R.C.C.T rLEY o.71 EXISTING RIGH1 OF WAY LINE TXDOT CAP _, S89"26`49"E 47.90' N04"11'10"E 15.03' --' G RAN D E RS O N STARK POB =N89*2V'49'W48.aW5' SURVEY PROP EASEMENT LINE - ABSTRACT No.798 Notes: _ .............-........._....C2 W ) thy' f- cA CH = 34.29' BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR�Q • r; 1's 1' "41 - _�P' (N 6, 962,112.4020, E 2.411,057.5050 GRID) AND CORS hD t STATION TXDA (N 6,978,860.0906, E 2,529,861,8823 GRID), *: D .......................... • . COORDINATE SYSTEM, NORTH CENTRAL ZONE (42021. t ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE WTED TO OBY 10INBY Z u> q) u> O I I COWERSIONFACTOR 52710. � Page 3 of 3 t�I i ND i ( 12•CIR{ LN89°22;58°W iUND 88.27" FOUND t' PIPE IR JOSEPH FINLEY I t DOCUMENT NUMBER 95-0087243 POC FOUND 112' O.P.R.C.C.T. SW22'48'E PATRICIA LEE ROPER AND AMON BURL ROPER VOL. 2094, PG. 741 O.P.R.C.C.T. MICHAEL JAKE HENDRICKS, TRUSTEE EVELYN McLAIN HENDRICKS TRUST DOCUMENT NUMBER 94-0078357 OPRCCT JAMES D. HOLLAND et ux VOL 558, PG. 632 O.P.R.C.C.T rLEY o.71 EXISTING RIGH1 OF WAY LINE TXDOT CAP _, S89"26`49"E 47.90' N04"11'10"E 15.03' --' G RAN D E RS O N STARK POB =N89*2V'49'W48.aW5' SURVEY PROP EASEMENT LINE - ABSTRACT No.798 Notes: _ .............-........._....C2 Lego/ descrlptlon to accompany flits survey sketch, CH = N89°14'51"W CH •- 36.23' CH = 34.29' BASIS OF BEARINGS IS A LINE BETWEEN CORS STATION TXAR�Q • r; 1's 1' "41 - _�P' (N 6, 962,112.4020, E 2.411,057.5050 GRID) AND CORS . 4> 4 STATION TXDA (N 6,978,860.0906, E 2,529,861,8823 GRID), *: N.A.D. 83. WHICH 1S NORTH 8P 58' 33' EAST- TEXAS PLANE .......................... • . COORDINATE SYSTEM, NORTH CENTRAL ZONE (42021. MICHAEL DAN DAVIS ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE WTED TO OBY 10INBY ................. 4838 ��r rh' TOXDOT S 51 •' �O COWERSIONFACTOR 52710. � Page 3 of 3 LEGEND - Monument found 'as noted' Q • %' Iron rod w/ plastic cap stamped 'Dannenbaum Englneering' POC Place Of Commencing POB - Place Of BeglnnW - Properly tine SL = Survey Une - - Fee Hook D, R. R. C. C. T. - Offfclal Publtc Records, Colfin County, Texas DETAIL N.T.S. TXDOT TXDOT rCA,Pa. C1 .,_ CAP 504°08'51"W 15.02' C2 C1 _ .............-........._....C2 _ CH S89° 14'33"E CH = N89°14'51"W CH •- 36.23' CH = 34.29' R = 4940.00' R = 4925.00' L = 35.23' L = 34.29' A = 00°24'31" RT. A = 00°23'56" LT. 0 50 100 150 ��, SCALE 1N FEET Water and Wastewater Easement In the GRANDERSON STARK SURVEY Abstract No. 798, Collin County, Texas Owner; Charles K. Green 1,247 Square feet or 0.029 acres ENGINEERING CO. - FT. WORTH, LLC T.B.P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE BOULEVARD, SUITE 400 FORT WORTH, TEXAS 76116 (817)163•-8883 Y{OUR.} HOMETOWN Council Meeting: January 22, 2013 Account Code #: 10-414-6799 Budgeted Amount: $15,000 Item No.8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 1/17/13 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action approving a resolution regarding a contract between the City of Anna and Valley View consulting for investment advisory services. SUMMARY: During the budget process, staff recommended inclusion of funds for investment advisory services. Bill Koch from Valley View Consulting came and discussed their services including negotiating banking contracts and improving investment earnings. Staff contacted other investment advisory services to determine interest and the general response was that Anna's portfolio was too small for their services. Valley View consulting brings a combined experience of public and private sector investing, direct experience in municipal finance, and a keen understanding of the Texas Public Funds Investment Act. Staff has included the presentation they gave to the council on August 14, 2012 and the firm's brochure. A representative from Valley View will be available to answer any questions you may have. RECOMMENDATION: Staff recommends the Council approve the resolution authorizing the City Manager to execute a contract between the City and Valley View Consulting. U M N o � .-. N N O O d M `+L U N — O O 0 O r 0) (V • N O'It � O M N N cu U M N m -a oo o o p- • U 'RTU) 00 ch (0 w N 'a 0 O O ~ Q O 0 N = O O U M L O .U) W co C: O 4-a c 0 a) 1 U � p o .LU to v Q. U U) U) X 1 I C: O 4-a c a) ON N cn L a) a) E -i-+ O N -0 .� � U � O N � U � O U° C �cn -a moi-+ > U O (� t/), N N N to Q v E N � — • O �- � +O � t6 U O N V cn O '� N a) > C: • ^ ` W �1L� W O }' cm N (n ° r_ 0-0 CD C:> c:m � C6 •— O O CU Q . 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O CU c: ,� cCi O O C: Ez3 N cr O _ ;� 06 >, c: E CD O° 0 U F O cn ° ° LZ :3c� > O U O +� '� > U N N L- a) C .O A-aO U 06 � U)ca c 40- U U O O 4-1 Q 4-1 �- O a N > +_ N C/) a) O O N .� O Q N EF > .� U C� n o U c� a) E cn4— O cn a c� m E 0 O 0 0 a� E E O N .cn c� (C5 N N 0 0 U O U cn El 0 m U" 16 4 0 U) C: a) E cn a) C- m A bb '43 ry r- .2 �2 tf 0 0 n c: .0 0 = n iTo C 0 LO (Y) 6c,� CO Lr) 691 C 0 CUC U) a) a) C13 a) 0 0 a) a) E cu C/) to a) 4- ,2 Jj� CL :3 co L- a) 0 z 0 0) a) " 0 a) =3LL C: a) C) C) (A cu a) r_ :3 CL a) u) a) E a) c a) > 0 o a) LL0 0) @ @ M 0) 0 a) Ll- L c m 0 -C 0 :3 C) q) C) W ca 7 a) a) (a E \E 0 " a) ;>- < aw) > C: 0 LL 0 U) LL 0- > S r- U) a) a) a) c a) a) a) < cL x E 4- 0) a) 0 0 o a)c C: a) C) C) 0 i5 a) x r_ :3 C) 0) E Lo L- o 0 o a) 0) @ @ > a CcC: E 0 LL a) u) x a) (a a) U) U) C: a) CD -2 a- C: m 0- 0 c m c 0 U) 0 4— w c U) C: C: E. k U) -0 a) a) a) a) M o U) cu 0 -0 0 W C/> Cm>0" 0 L - o -a < 0 a) CL < C: w j>-, 6 c W> © CW 0 42 0) E -0 a) >1 E z a) cm C a) = > 0 M > c E w 0> 3 > 0 r- E E (/// / 3 c / is U O 0 C= 4- 0 cn O X F— U O O Q X N CU N C6 CCS E ,O 40- V- 0 V— O C N E L- O O �M1 C= O E .EE O U O L1 W CITY OF ANNA, TEXAS IT���7���[�P►irC�a A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH VALLEY VIEW CONSULTING LLC FOR CONSULTING SERVICES ON INVESTMENTS AND OTHER RELATED FINANCIAL SERVICES WHEREAS, this City Council (the Council) desires to secure consulting services related to managing authorized investments under the Texas Public Funds Investment Act (PFIA) and other related financial services. WHEREAS, Valley View Consulting (the Consultant) desires to provide consulting services related to managing authorized investments under the PFIA and other related financial services to the City of Anna (the City). WHEREAS, The Council foresees that the use of the Consultant will produce more efficient and less costly management of the City's investments. WHEREAS, The Consultant is charging a fair and reasonable price for their services NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of Contract The Council hereby approves the Contract attached hereto as Exhibit 1 for Consulting on Investment of City Funds, and authorizes, ratifies, and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd day of January, 2013. APPROVED: ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary PAGE 1 OF 2 qS PAGE 2OF2 AGREEMENT BY AND BETWEEN CITY OF ANNA, TEXAS AND VALLEY VIEW CONSULTING, L.L.C. It is understood and agreed that the City of Anna, Texas (the Investor), a Texas municipal corporation, will have from time to time money available for investment (Investable Funds) and that Valley View Consulting, L.L.C. (Advisor), a Virginia limited liability company, has been requested to provide professional services to the Investor with respect to the Investable Funds. This agreement (the Agreement) constitutes the understanding of the undersigned parties with regard to the subject matter hereof. 1. This Agreement shall apply to any and all Investable Funds of the Investor from time to time during the period in which this Agreement shall be effective. 2. The Advisor agrees to provide its professional services to direct and coordinate all programs of investing as may be considered and authorized by the Investor. 3. The Advisor agrees to perform the following duties: a) Assist the Investor in developing cash flow projections, b) Suggest appropriate investment strategies to achieve the Investor's objectives, c) Advise the Investor on market conditions, general information and economic data, d) Analyze risk/return relationships between various investment alternatives, e) Attend occasional meetings as requested by the Investor, I) Assist in the selection, purchase, and sale of investments. The Advisor shall not have discretionary investment authority over the Investable Funds and the Investor shall make all decisions regarding purchase and sale of investments. All funds shall be invested consistent with the Texas Public Funds Investment Act, Chapter 2256 Government Code and the Investor's Investment Policy. The eligible investments are listed in the Investor's Investment Policy, g) Advise on the investment of bond funds as to provide the best possible rate of return to the Investor in a manner which is consistent with the proceedings of the Investor authorizing the investment of the bond funds or applicable federal rules and regulations, h) Assist the Investor in creating investment reports in compliance with State legislation and the Investor's Investment Policy, and i) Assist the Investor with primary depository bank selection. Page 1 4. The Investor agrees to: a) Compensate the Advisor for any and all services rendered and expenses incurred as set forth in Appendix A attached hereto, b) Provide the Advisor with the schedule of estimated cash flow requirements related to the Investable Funds, and promptly notify the Advisor as to any changes in such estimated cash flow projections, c) Allow the Advisor to rely upon all information regarding schedules, investment policies and strategies, restrictions, or other information regarding the Investable Funds as provided to it by the Investor and that the Advisor shall have no responsibility to verify, through audit or investigation, the accuracy or completeness of such information, d) Recognize that there is no assurance that recommended investments will be available or that such will be able to be purchased or sold at the price recommended by the Advisor, and e) Not require the Advisor to place any order on behalf of the Investor that is inconsistent with any recommendation given by the Advisor or the policies and regulations pertaining to the Investor. 5. In providing the investment services in this Agreement, it is agreed that the Advisor shall: (a) at all times act in accordance with the provisions of this Agreement and the Investor's Investment Policy; and (b) comply with the following standard of care: Investments shall be made with iudgment and care, under circumstances then prevailing, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safe1y of capital and the probable income to be derived. Provided that a loss or penalty is not sustained by the Investor due to the Advisor's failure to satisfy the foregoing requirements, the Advisor shall have no liability or responsibility for such a loss or penalty. The Advisor shall be liable for its own gross negligence or willful misconduct, but shall not be responsible for any loss incurred by reason of any act or omission of any financial institution or broker/dealer, selected with reasonable care by the Advisor and approved by the Investor, or of the Investor's custodian or safekeeping agent. Furthermore, the Advisor shall not be liable for any investment made which causes the interest on the Investor's obligations to become included in the gross income of the owners thereof, unless the making of such investment is not in compliance with the Advisor's obligations under this Agreement, the Investor's Investment Policy, or the above -stated standard of care. 6. The fee due to the Advisor in providing services pursuant to this Agreement shall be calculated in accordance with Appendix A attached hereto, and shall become due and payable as specified. Any and all expenses for which the Advisor is entitled to reimbursement in accordance with Appendix A attached hereto shall become due and payable at the end of each calendar quarter in which such expenses are incurred. 7. This Agreement shall become effective 5 2012 and remain in effect for two (2) years, with the option of the Investor to extend this Agreement in additional one or Page 2 two year increments. Any such extension shall not be automatic, and shall require the Investor and Advisor to formally agree to such extension in a written agreement, duly executed by the parties' representatives. Provided, however, the Investor or Advisor may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of such termination, it is understood and agreed that only the amounts due to the Advisor for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated, all investments and/or funds held by the Advisor shall be returned to the Investor as soon as practicable. In addition, the parties hereto agree that upon termination of this Agreement the Advisor shall have no continuing obligation to the Investor regarding the investment of funds or performing any other set -vices contemplated herein. 8. The Advisor reserves the right to offer and perform these and other services for various other clients. The Investor agrees that the Advisor may give advice and take action with respect to any of its other clients, which may differ from advice given to the Investor. The Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent conflicts with the performance of the Advisor towards its other clients. 9. The Advisor shall not assign this Agreement without the express written consent of the Investor. 10. By initialing the appropriate line, Investor acknowledges that: 1) Investor was provided a written copy of Part II of Form ADV not less than 48 hours prior to entering into this written contract, or 2) Investor received a written copy of Part II of Form ADV at the time of entering into this contract and has the right to terminate this contract without penalty within five business days after entering into this contract. 3) Investor is renewing an expiring contract and has received in the past, and offered annually, a written copy of Part II of Form ADV. 11. This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. 12. If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. Page 3 13. Advisor shall not assign any obligation or interest in this Agreement, and shall not transfer any obligation or interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of Investor. 14. This Agreement is performable in Texas and exclusive jurisdiction and venue of any suit or cause of action arising out of or related to this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 15. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. 16. This Agreement inures solely to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third -party beneficiary of this Agreement. 17. All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. To Advisor: Valley View Consulting, L.L.C. To Investor: City Manager City of Anna 111 North Powell Parkway Anna, Texas 75409 18. As an entity organized outside of the State of Texas, Advisor must register as a foreign company with the Office of the Texas Secretary of State. While the Advisor may begin work under this Agreement before it has completed such registration, the Investor shall have no obligation to make any payment under this Agreement until such time that Advisor has fully completed said registration. Once registered, Advisor shall maintain such registration in good status with the Office of the Texas Secretary of State at all times while performing any services under this Agreement and for at least 12 months after the conclusion of the performance of said services. Notwithstanding any other provision of this Agreement, Investor may terminate this Agreement after giving 30 days' written notice to Advisor that Investor has determined, upon information and belief, that Advisor has not completed such registration with the Texas Secretary of State. Such termination shall become effective 30 days after submission of said written notice unless Advisor delivers proof to Investor that it Page 4 has fully completed such registration. To be considered valid said proof must be certified by the Office of the Texas Secretary of State. This Agreement is hereby agreed to and executed by the parties as follows: City of Anna, Texas Philip Sanders, City Manager Attest: Natha Wilkison, City Secretary Valley View Consulting, L.L.C. am Richard G. Long, Jr., its Manager Witness: Page 5 nwo FEE SCHEDULE AND EXPENSE ITEMS In consideration for the services rendered by Advisor in connection with the investment of the Investable Funds for the Investor, it is understood and agreed that its fee will be an annual fee equal to the greater of ten basis points (0.10%) of the total portfolio's average quarter end book value or $15,000.00 the first contract year or $10,000.00 for each subsequent contract years. The applicable portion of said fee shall be due and payable at the end of each investment quarter. Should the Investor issue debt and select a bond proceeds investment strategy that incorporates a flexible repurchase agreement or other structured investment, fees will be determined by any applicable I.R.S. guidelines and industry standards. Should the Investor request assistance with monthly investment portfolio accounting, additional fees may apply. Said fee shall not exceed $5,000.00 per year. Should the Investor request assistance with primary depository bank selection, additional fees may apply. Said fee shall not exceed $5,000.00 per request for proposal. Said fee includes all costs of services related to this Agreement, and all travel and business expenses related to attending regularly scheduled occasional meetings. With pre -trip Investor approval, the Advisor may also request reimbursement for special meeting or event travel and business expenses. The obligation of the Advisor to pay expenses shall not include any costs incident to litigation, mandamus action, test case or other similar legal actions. Although none are anticipated, any other fees retained by Advisor in the performance of its duties shall be disclosed to the Investor. FORM ADV Part 2 — The Brochure Valley View Consulting, L.L.C. 2428 Carters Mill Road Huddleston, VA 24104-4003 SEC File Number 801-56181 540.297.3419 phone 540.297.3758 fax www.val le_yviewconsulting.net March 6, 2012 This brochure provides information about the qualifications and business practices of Valley View Consulting, L.L.C. If you have any questions about the contents of this brochure, please contact us at 540.297.3419. The information in this brochure has not been approved or verified by the United States Securities and Exchange Commission or by any state securities authority. This filing of Form ADV Part 2 is pail of the Annual Updating Amendments requirement. Table of Contents, format and information changes are in response to the revised General Instructions for Part 2 of Form ADV. The last update to this brochure was March 26, 2011. Ilk Valley Vi& -w Consulting, L.L.C. Table of Contents Advisory Business Fees and Compensation Performance -Based Fees and Side -By -Side Management Types of Clients Methods of Analysis, Investment Strategies and Risk of Loss Disciplinary Information Other Financial Industry Activities and Affiliations Code of Ethics, Participation or Interest in Client Transactions and Personal Trading Brokerage Practices Review of Accounts Client Referrals and Other Compensation Custody Investment Discretion Voting Client Securities Financial Information Valley View Consulting, L.L.C. Advisory Business Valley View Consulting, L.L.C. ("Valley View"), established in 1998 and registered in 1999, is solely owned by Richard G. Long, Jr. Valley View provides investment supervisory services primarily to public entities and their related organizations. Services are provided on a non -discretionary, non-custodial basis. State legislation and individual client investment policies determine authorized investments and appropriate strategies. Fixed income -fixed maturity securities, mutual funds, local government investment pools, and financial institution deposits provide the main investment options. Strategies are generally focused on safety of principal and maintenance of adequate liquidity to fund operational needs. Each client's investment policy and cash flow requirements tailor the investment advice offered by Valley View. Clients have complete control and discretion over allowed investments and implemented strategies. As of December 31, 2011, Valley View provides advisory services to twenty one entities with approximately $1.2 billion in total assets. Additionally, Valley View provides cash and investment consulting services to non -advisory clients. Fees and Compensation Investment supervisory fees can be a percentage of assets under management, hourly rates, fixed fees, or a combination of these. All fees are negotiable, and direct -billed and payable in arrears. Fees structures generally range from 0.01% to 0.30%, annually, based on the book value of assets under management; $150.00 to $750.00 per hour; $500 to $25,000 per project; $800 to $3,000 per day; $150.00 to $500.00 per month; $400.00 to $1,000.00 per transaction; or other fees as negotiated at the time of contract. In some cases, a minimum annual fee may apply. Contracts are cancelable without cause with 30 to 60 days notice. Clients maintain their own safekeeping agent/custodian relationships and are responsible for any related fees. Local government investment pools and mutual funds are subject to their own fee schedules. All mutual funds will be no-load. Valley View assists the client in minimizing transactional expenses or any other normal business expenses that might be incurred in the management of its funds. In the event that a flexible repurchase agreement or other structured investment option is utilized for bond proceeds, Valley View may receive a normal and customary fee (usually paid by the counterparty) within the guidelines of the Internal Revenue Service, in lieu of the fee prescribed in advisor agreement. Although no other forms of compensation are anticipated, if any additional compensation is received, the amount and source will be disclosed to the client. Performance -Based Fees and Side -By -Side Management Valley View does not charge any performance-based fees nor participate in side-by-side management. 2. Valley View Consulting, L.L.C. Types of Clients Valley View generally provides investment advice to "government entity" investors, including, but not limited to: states, cities, counties, school districts, special districts, colleges and universities, and special authorities. Additionally, Valley View provides advice to clients on matters not directly involving investing. Valley View does not impose a minimum dollar value of assets for starting or maintaining a relationship. Methods of Analysis, Investment Strategies and Risk of Loss Each client's investment policy governs investment strategy selection and implementation, with most client investment objectives focused on preservation of principal and maintenance of adequate liquidity to fund ongoing operations. Selecting investments with limited credit risk and matching short and long- term maturity purchases to client -based cash needs primarily manage risk of realized loss. Most investments are cash equivalent or fixed income/fixed maturity that are held to maturity. Depending upon investment and strategy selection, each client may risk loss of principal or anticipated earnings due to issuer default or adverse market movement. Valley View most often offers advice on: money market instruments, certificates of deposit and other financial institution deposits, municipal securities, mutual fund shares, United States government securities, repurchase agreements, and local government investment pools. Valley View's issuer analysis includes fundamental, cyclical, and client -based cash flow needs. Information sources include financial newspapers and magazines, research material prepared by others, corporate rating services, annual reports, prospectuses, regulatory filings, and other financial information sources. Credit Risk — Most government entities specifically manage and restrict the exposure to credit risk. Assuming large amounts of credit risk is inconsistent with the main objectives to "primarily emphasize safety of principal and liquidity." All issuers contain incremental credit risk, although the markets believe certain ones have little to no real credit risk (e.g U.S. government securities). Generally, legislation does allow specific securities with true credit risk, but restricts that risk based on measurements of nationally recognized credit rating agencies. Credit risk considerations extend beyond the investment securities that are selected to be included in the organization's portfolio. Properly collateralized deposits or repurchase agreements, secured in accordance with the investment policy, and federal banking regulations essentially reduce the inherent credit risk of the financial institution. Regular review of collateral values and financial institution strength ensures that any exposure remains minimal. Prior to investment, accurate identification of the individual issuer's risk profile or the local government investment pool/mutual fund's investment criteria, and analysis of the historical risk/return relationship determines if the client will potentially receive adequate return for any increased risk. Although minimum credit rating requirements may apply, it is important to drill down further into the investment 3. Valley View Consulting, L.L.C. policies and strategies of available pools/funds to ensure that their policies are congruent with those of the client. Market/Opportunity Risk - The restriction of most credit risks focuses portfolio management on controlling market risk and opportunity risk. Working with the yield curve, issuer yield spreads, and cash flow requirements manages these two risks. Appropriate yield curve positioning, with limited interest rate cycle timing, provides the yield enhancement. Our services include the research and analysis necessary to assist the client in formulating strategy recommendations. Cash flow predictability creates the baseline for investment strategy development. Keeping current -use funds in expenditure -related maturities or liquid alternatives, while positioning stable and longer range funds further out the yield curve, provides overall portfolio enhancement. For government entities, the higher yield -advantage of extended maturities most safely manifests itself in increased interest earnings (not speculative gains). Historically, fixed income yields, over time and through a variety of market conditions, generate higher yields as maturities lengthen. Disciplinary Information Valley View attempts to comply with all registration requirements and has not experienced any legal or disciplinary event that is material to a client's evaluation of its advisory business or to the integrity of its management personnel. Other Financial Industry Activities and Affiliations Valley View is not affiliated with any other financial institution and no related person is a general partner in any partnership in which clients are solicited to invest. There are no registrations current or pending for either the firm or its management personnel to register as a broker-dealer, futures commission merchant, commodity pool operator, commodity trading advisor, or an associated person to the forgoing entities. Valley View team members individually hold positions with the University of North Texas and Estrada Hinojosa & Company, Inc. (see attached resumes). Estrada Hinojosa (a registered broker-dealer and adviser firm) provides similar investment adviser services to its financial advisory clients. No client transactions are conducted with Estrada Hinojosa. Any and all investment advice and security transactions are separately handled and are not subject to any commingling or front loading. Except as described above, Valley View is not compensated by any investment provider or investment manager. Valley View is actively engaged in business other than giving investment advice, and anticipates spending less than 50% of its resources pursuing and providing non -investment services. Other activities include, but are not limited to: bank service analysis and provider selection, cash and 4. Valley View Consulting, L.L.C. investment management policies and procedures creation and revision, government entity investment continuing education, and other finance -related services. Code of Ethics, Participation or Interest in Client Transactions and Personal Valley View maintains a Code of Ethics that is available upon request to its clients. The Code is designed to prevent client -based conflicts of interest and attempts to comply with applicable laws and regulations. As a firm, it does not participate in, nor have an interest in, investments it may or may not recommend to clients or resulting client transactions. However, the team members are allowed to purchase similar investments for his or her personal account and related accounts. The team member is not allowed to commingle or execute in front of client transactions. To further reduce any conflict of interest, individual Valley View team members primarily invest in "non -reportable securities." Brokerage Practices Specific client consent is required to determine the investments to be bought or sold, the amount of the investments to be bought or sold, the broker-dealer or financial institution to be used, or the commission rates to be paid (where applicable). In most cases, the client authorizes and annually re -approves a broker-dealer list. Valley View may assist clients in selecting broker-dealers based on public funds experience, compliance with client investment policies, competitive pricing, and responsiveness to client needs. Valley View does receive "general" market research from investment providers, however no products, services, or soft dollar benefits are provided to Valley View. Eligible securities are usually sold by each broker-dealer "as principal" without additional commissions. Multiple client transactions are not aggregated as each client has specific needs and settlement requirements. Given the common investment options, not aggregating generally does not result in higher commissions or costs. Review of Accounts At relationship initiation, Valley View reviews each client's investment policy, eligible investment products, current investment practices, cash flow requirements, recent investment reports, authorized broker-dealer and investment provider lists, and other pertinent documentation. Investment maturities, significant cash inflows and/or outflows, bond issuance, quarter end, fiscal year end, major market movements, and other factors trigger periodic reviews. Ongoing reviews include current portfolio, projected cash flows, investment policy requirements, investment strategy targets, market conditions, and other considerations. As Chief Investment Officer, Mr. Long performs the investment supervisory function and reviews all accounts. Ms. Anderson, Mr. Koch, and Mr. Ross assist in all aspects of client service as registered investment adviser representatives. Client reports include, but are not limited to: • Individual transaction information (at time of transaction). • Broker-dealer trade and financial institution deposit confirmations and activity reports sent directly to the client. 5. 0000 Valleg View Consulting, L.L.C. • Safekeeping agent/custodian clearance receipts and holdings reports sent directly to the client. • Written portfolio reports, prepared as per each client's investment policy and contract terms (usually quarterly). Fixed income security "Fair Value" is provided by client -specific safekeeping agents/custodians, by generally available bid prices, or determined by reviewing generally available offering prices and decreasing the price by an appropriate bid/offer spread. Client Referrals and Other Compensation Valley View does not have any arrangements where it receives cash or other economic benefit from a non -client in connection with giving advice to clients. Nor does Valley View provide cash or other economic benefit to persons or clients for client referrals. Custody Valley View does not have custody of client funds. Investment Discretion Valley View does not have investment discretion over client funds. Any and all investment advice and security transactions are separately handled and are not subject to any commingling or front loading. Voting Client Securities Valley View does not vote client proxies. Each client's safekeeping agent/custodian is responsible to communicating any and all proxy events. Financial Information Valley View does not have discretion over investment transactions, custody of client funds, nor does Valley View require payment of more than $1,200 in fees per client, six or more months in advance. Audited financial statements are not available. 0 .000�1 Vallee View Consulting, L.L.C. Resumes Richard G. Long, Jr. • Manager, Valley View Consulting, L.L.C. • Chief Investment Officer, Estrada Hinojosa & Company, Inc. • Investment industry since 1981 • Started First Southwest Company's public funds investment efforts in 1988 • Started Ambac Investment Management, Inc.'s Texas investment efforts in 1996 • Founded Valley View Consulting, L.L.0 and registered with the SEC as an investment advisory firm Mr. Long's background includes extensive Texas -public entity investment management (he is currently responsible for approximately $2 billion of public funds). He has been actively involved in government entity investment legislation; investment policies and strategies; cash flow -based investment portfolios; eligible investment options; appropriate asset allocations; investment transaction settlement and safekeeping procedures; bank service agreements; and arbitrage rebate regulation. Mr. Long founded Valley View Consulting, L.L.C., in the fall of 1998 and became registered with the Securities and Exchange Commission as an investment advisor firm effective January 1999. At his previous employers (First Southwest Company and Ambac Investment Management, Inc.) he established and managed their Texas investment management efforts. In his previous capacities with MBank Capital Markets and First RepublicBank, Mr. Long originated corporate, asset backed and tax-exempt securities, managed a government trading operation, and distributed both public and private securities. Mr. Long also currently serves on a part-time basis as Chief Investment Officer for Estrada Hinojosa & Company, Inc., a registered broker-dealer and investment adviser firm. Mr. Long earned a Bachelor of Science, Business Administration degree in Finance from Colorado State University and a Masters of Business Administration degree from the University of Dallas. Mr. Long has served on numerous Municipal Securities Rulemaking Board Arbitration panels and presented information to multiple investment management organizations including GFOAT, GTOT, TAC, CTA, TASBO, TASB, and TML. im ..00- \,,0�1 Valle View Consulting, L.L.C. Susan K. Anderson • Registered Investment Adviser Representative, Valley View Consulting • Chief Executive Officer, Anderson Financial Management, L.L.C. • Investing Public Funds since 1981 • Former City of Austin Treasurer & Investment Officer • Served as Chief Investment Officer for State of Texas • Investment Manager, The PFM Group for 9 years • Founded Anderson Financial Management, L.L.C. in 2008 Ms. Anderson has extensive public fiend experience, beginning in 1971 with her first government position at the City of Austin. Ms. Anderson served the City in the Financial Services Division for over twenty-five years. The last twenty years were specifically dedicated to the management of the investment, debt and cash resources of the City. As Treasurer of the City of Austin, she was responsible for the $1.5 billion investment portfolio, the $3.3 billion debt portfolio and all cash management programs, including collections and bank relations. Additional relevant responsibilities included serving as liaison to all three of the City's pension programs and as Trustee on the City of Austin Firemen's Relief and Retirement Fund, and Board Member of the City of Austin Deferred Compensation Fund. Investment strategies developed for City funds, pension funds and deferred compensation funds spanned the entire spectrum of public -eligible investment products, including fixed income, equity and international funds. Following her retirement from the City of Austin, she served as Chief Investment Officer for the State of Texas where she was responsible for the management of $35 billion of combined operating, endowment and trust funds. After her public service, she joined the national financial and investment advisory firm, The PFM Group, where she continued to develop her knowledge of public fund investment. The stint at PFM allowed Ms. Anderson to be exposed to a myriad of government clients with unique needs and requirements and to hone her skills to identify problems and find the appropriate solutions for her clients. Ms. Anderson earned a Bachelor of Science, Business Administration degree in Finance from St. Edward's University. She is a Certified Cash Manager and a registered investment advisor representative. Ms. Anderson founded Anderson Financial Management, L.L.C. in 2008 and has partnered with Valley View to bring her expertise to the Valley View team. Ms. Anderson also currently serves on a part-time basis as an investment advisor representative for Estrada Hinojosa & Company, Inc., a registered broker-dealer and investment adviser firm. s. 1000111� 10000N, Valle View Consulting, L.L.C. William J. Koch • Registered Investment Adviser Representative, Valley View Consulting • President, Avalon Financial Services • Public -sector consulting since 1990 • Over forty years financial management experience • Founded Avalon Financial Services in 1996 Mr. Koch is a capable and versatile financial professional with extensive management and operational credentials that include a strong background in accounting, cash management, treasury, and information systems. He has broad industry experience with both publicly traded and privately held firms, including international market activities, and public sector organizations. His career has included management positions with Fortune magazine ranked firms in which he was responsible for accounting and financial reporting, treasury, and information services. Since 1990, Mr. Koch has been a management consultant providing specialized financial services primarily to public sector organizations, including municipalities, school districts, colleges, hospital districts, and regional transportation authorities. With proven financial expertise, solidly versed in statutes and legal requirements, and extensive knowledge of banking systems and services, he has a unique blend of capabilities to offer his clients. Mr. Koch is a registered investment adviser representative. Formerly a partner with a regional consulting group, Mr. Koch founded Avalon Financial Services in 1996 and serves as its president. Mr. Koch is a graduate of Texas A&M University. Mr. Koch also currently serves on a part-time basis as an investment advisor representative for Estrada Hinojosa & Company, Inc., a registered broker-dealer and investment adviser firm. Na 100 Valley View Consulting, L.L.C. Thomas H. Ross • Registered Investment Adviser Representative, Valley View Consulting • Recently retired City of Bedford, Texas Director of Administrative Services • Over seventeen years public -sector experience • Lengthy corporate finance and accounting career • Former United States Air Force Captain Mr. Ross has a background in financial operations and information technology management, including seventeen years in the public sector, and most recently completed fourteen years of service with the City of Bedford, Texas, retiring as Director of Administrative Services. Joining the team in February 2010, Mr. Ross brings a broad and unique client operations perspective to the areas of cash management, governmental accounting, banking relations, management reporting, portfolio management, and general financial analysis, all of which impact the successful execution of a client's investment program. Mr. Ross is a member of the Government Finance Officers Association of Texas (GFOAT), where he earned the designation of Certified Government Finance Officer (CGFO), and the Government Treasurer's Organization of Texas (GTOT). Mr. Ross is a registered investment adviser representative. Mr. Ross is a graduate of Texas A&M University with a Bachelor of Business Administration degree in Management. Through Valley View, Mr. Ross also provides limited client services for Estrada Hinojosa & Company, Inc., a registered broker-dealer and investment adviser firm. 10. Y{OUR} HOMETOW N Council Meeting: January 22, 2013 Account Code # Amount: Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Development Agreement with Q Seminole Anna Town Center LP. SUMMARY: The attached Development Agreement with Q Seminole Anna Town Center LP constitutes an agreement by Q Seminole Anna Town Center LP to fund one-half of the City's financial obligations for the construction of a median opening in front of the KFC/Taco Bell on FM 455. The Owner's financial obligation, based on the estimate included in the Advance Funding Agreement from TxDOT, will be an estimated $48,229.22. If the actual construction cost exceeds TxDOT's estimate, Q Seminole Anna Town Center LP has asked that the Agreement be modified to cap their financial obligation at $75,000. Section 2 of the Agreement has been modified accordingly. In the unlikely event that the actual construction cost for one-half of the median break exceeds $75,000, the City of Anna would be responsible for paying the overage. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS AND Q SEMINOLE ANNA TOWN CENTER LP WHEREAS, the City of Anna, Texas (the "City") and Q Seminole Anna Town Center LP desire to enter into a Development Agreement related to the construction of a median opening on FM 455 (the "Agreement"); and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that approval of the Agreement is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The City Council hereby approves the Development Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd day of January, 2013. APPROVED: ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Q Seminole Anna Town Center LP ("Owner"). WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties"; and WHEREAS, it is the Parties mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any other agreement between the Parties and the City's ordinances and other regulations only to the extent that any such agreements, ordinances or regulations directly conflict with the terms of this Agreement; and WHEREAS, the Owner is the sole owner of a parcel or parcels of real property (the "Property") in Collin County, Texas, which is located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached EXHIBIT A; and WHEREAS, the Texas Department of Transportation ("TxDOT") plans to reconstruct and widen FM 455 between U.S. 75 and S.H. 5 (the "Project"); and WHEREAS, as part of the Project, TxDOT will construct a raised median between the east and west bound traffic lanes; and WHEREAS, the Owner desires to fund one-half of the cost required to construct a left turn lane and median opening adjacent to the Owner's property as shown on the attached EXHIBIT B (the "Median Opening"); and WHEREAS, TxDOT has agreed to construct the Median Opening as part of the Project if the City pays for full cost of the Median Opening as required in the Advance Funding Agreement attached hereto as EXHIBIT C; and WHEREAS, the Owner understands and acknowledges that the City will approve the Advance Funding Agreement only if Owner and/or the owner(s) of the property described as the Anna Retail Addition, Lot 2R -D, Block A first agree in writing in a form acceptable to the City to fund the City's full financial obligations for the Median Opening at Station 19+50 under the Advance Funding Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations and warranties by the Owner to the City: Section 2. Owner's Obligations. The Owner shall pay the City an amount equal to one-half of the City's total financial obligation, as outlined in the Advance Funding Agreement, for the construction of a median opening at Station 19+50 as described in the Advance Funding Agreement and as shown on Exhibit B. The Owner's obligations to make payments under this Agreement shall not arise unless and until the City Council approves the Advance Funding Agreement or an agreement, substantially similar in form, that provides for the construction of a median opening Station 19+50. In no case shall the Owner's obligations to make payments to the City under this Development Agreement exceed $75,000. Section 3. Timing of Payments. The Owner shall make any payments required under this Agreement within 30 days from the date the City sends written notice to the Owner that payments are due. Said written notice shall occur no sooner than 40 days prior to the date payments by the City are due and payable to TxDOT under the Advance Funding Agreement. If upon completion of the Project, the City is entitled to a refund under Section 11(C) of the Advance Funding Agreement, and the payments made to the City by the Owner under this Development Agreement are greater than one-half of the City's total financial obligation as outlined in the Advance Funding Agreement for the construction of the Median Opening at Station 19+50, the City shall reimburse to the Owner the excess amount after the City has received reimbursement from the State under Section 11 (C) of the Advance Funding Agreement. Section 4. City's Obligations. The City's duties and obligations under this Agreement are limited to the City's duties and obligations under the Advance Funding Agreement as related to the Median Opening as shown on the attached Exhibit B, or an agreement, substantially similar in form, that provides for the construction of a median opening at Station 19+50. Section 6. Effective Date. The effective date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and the Owner has duly executed same. The failure of any person or entity—other than the Owner—who owns any interest in the Property shall not prevent or delay this Agreement from becoming effective. Section 7. THE OWNER COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON OR ENTITY CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT, AND (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT. Section 8. This Agreement may be enforced by the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. The Owner's sole remedy for nonperformance by the City shall be to seek specific performance of the terms of this Agreement. This Agreement does not waive any rights or immunities otherwise existing under law unless expressly set forth herein and the Parties understand and agree that this Agreement is not one for the provision of goods or services to the City by the Owner or any other person. 2 Section 9. Exclusive jurisdiction, forum and venue for any dispute arising out of this Agreement shall be in a court of competent jurisdiction in Collin County, Texas. Section 10. Notwithstanding any other provision of this Agreement, Owner and its successors or assigns must comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances in effect on the Effective Date and not in conflict with this Agreement, and any rules implementing such statutes or regulations. Section 11. Assignment by Owner. (a) Except as otherwise provided in this paragraph, Owner has the right (from time to time upon delivery of two weeks' prior written note to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an "Assignee") that will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Owner. Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in part, to an Assignee if the City, after action by the City Council (which action shall be considered by the City in good faith based upon financial and performance criteria, and which action shall not be unreasonably withheld, conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 10(a) that such Assignee fails to satisfy the City's financial and performance criteria; provided, such Assignee shall be approved as long as Assignee's financial and performance criteria is equal to better than that of Owner; and provided further, if City delivers such notice, City shall provide specific reasons why the Assignee failed the City's financial and performance criteria.. If the City provides such notice to Owner then the Parties, within 14 days of such notice, shall mediate the dispute. The mediator shall be mutually agreed-upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall not be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. (b) Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations to the extent assigned to the Assignee and agrees that Owner shall be released from subsequently performing such assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, however, that: (1) Section 7 of this Agreement shall survive any such assignment, with respect to the time period that Owner owned the Property, and (2) Owner shall not be released until the City receives an executed copy of such assignment. No assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner, or its Assignee, shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. Section 12. This Agreement is for the sole and exclusive benefit of the City and the Owner and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, and addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by notice to the other parties. 11 SIGNATURES: Q Seminole Anna Town Center, L.P., a Texas limited partnership By: Anna TC GP, LLC, a Texas limited liability company vviniam H. vanaerstraaten, Manager Address: Q Seminole Anna Town Center, L.P. 5956 Sherry Lane Dallas, Texas 75225 Attention: William H. Vanderstraaten Telephone: 214-884-3214 Facsimile: 214-265-9593 With a copy to: Munsch Hardt Kopf & Harr, PC 3800 Lincoln Plaza 500 N. Akard St. Dallas, Texas 75201 Attention: David Coligado Phone: 214-855-7583 Facsimile: 214-978-4328 City of Anna By: Philip Sanders, City Manager Address: 111 N. Powell Parkway Anna, TX 75409 Attn: City Manager Telephone: (972) 924-3325 Facsimile: (972) 924-2620 With a copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Ste. 205 Frisco, TX 75034 Telephone: (972) 712-3530 Facsimile: (972) 712-3540 14 IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of ,2012, personally appeared William H. Vanderstraaten, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Manager of Anna TC GP, LLC, a Texas limited liability company. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of ,2012, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna. Notary Public, State of Texas co 0 lil 7 w L� 1 I I I I i 1 I z Lij EXHIBIT C STATE OF TEXAS § COUNTY OF TRAVIS § CSJ #: 0816-04-044 District #: 18 -Dallas Code Chart 64 #: 01300 Project: FM 455 Limits: From US 75 northbound Frontage Road to SH 5 ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON -SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Anna, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Texas Transportation Commission Minute Order Numbers 112844 and 113074 authorize the State to undertake and complete a highway improvement generally described as widening existing facility to a 4 -lane urban divided, ultimate 6 -lane facility on FM 455 from US 75 northbound Frontage Road to SH 5; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the construction of three median openings, (1) at Sta.19+50; and (2) at Sta. 67+75 on FM 455 from US 75 northbound Frontage Road to SH 5, called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. AFA-AFA_VoITIP Page 1 of 5 Revised 04/01/11 CSJ #: 0816-04-044 District #: 18 -Dallas Code Chart 64 #: 01300 Project: FM 455 Limits: From US 75 northbound Frontage Road to SH 5 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft@ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local AFA-AFA_VoITIP Page 2 of 5 Revised 04/01/11 CSJ #: 0816-04-044 District #: 18 -Dallas Code Chart 64 #: 01300 Project: FM 455 Limits: From US 75 northbound Frontage Road to SH 5 Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 — Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. AFA-AFA_VoITIP Page 3 of 5 Revised 04/01/11 CSJ #: 0816-04-044 District #: 18 -Dallas Code Chart 64 #: 01300 Project: FM 455 Limits: From US 75 northbound Frontage Road to SH 5 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City Manager City of Anna 101 North Powell Parkway Anna, Texas 75409 State: Director of Contract Services Texas Department of Transportation 125 E. 11 h Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. AFA-AFA VoITIP Page 4 of 5 Revised 04/01/11 CSJ #: 0816-04-044 District #: 18 -Dallas Code Chart 64 #: 01300 Project: FM 455 Limits: From US 75 northbound Frontage Road to SH 5 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately and the State may recover damages and all costs of completing the work. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT — CITY OF ANNA IS Phillip Sanders City Manager Date: THE STATE OF TEXAS IS Regional Director Date: AFA-AFA_VoITIP Page 5 of 5 Revised 04/01/11 CSJ #: 0816-04-044 District #: 18 -Dallas Code Chart 64 #: 01300 Project: FM 455 Limits: From US 75 northbound Frontage Road to SH 5 ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will pay 100% of the cost for the construction of three median openings, (1) at Sta.19+50; and (2) at Sta. 67+75 on FM 455 from US 75 northbound Frontage Road to SH 5 in the City of Anna. The Local Government's estimated cost for this improvement is $176.375.96 including all construction items and direct state costs. The State has estimated the Project cost to be as follows: Estimated Total Local Government Participation (100%) = $176,374.96 Estimated Total Payment by the Local Government to the State on full execution of this Agreement = $176,374.96 This is an estimate. The final amount of the Local Government participation will be based on actual costs. AFA-AFA_VoITIP Page 1 of 1 Attachment A Total Federal State Local Description Estimate Participation Participation Participation Cost Construction (by State) Station 19+50 $81,772.15 0% $0 0% $0 100% 81 $81,772.15 Station 67+75 _______ ___. _ _ - -- $67,748:84__ ____0%__ 0%0 $p 100°/° $67 748 84 Total Construction $149,520.99 ____ _$o _ $0 $1.49,520.99 Direct State Cost-CST@10.69% Station 19+50 Station 67+75 $8,741.44 0% $0 0% $0 100% $8,741.44 -- ------------------$7,242.35 Total Direct State Cost $15,983.79 -0% $� - - - - 0% $0 0% 0% $0..100% $0 100% $7,242.35 -- $15,983.79 Indirect State Cost-CST@7.27% Station 19+50 Station 67+75 $5,944.84 0% $0 0% $0 100% $5,944.84 _______________ Total Indirect State Cost 925.34 - $4' _ $10,870.18 _0% 0% $0 $0 0% - 0% - $0 $0 100% ---------- 100% $4 925.34 -- - -------------- -- $10,870.18 TOTAL $176,374.96 $0 $0 $176,374.96 Estimated Total Local Government Participation (100%) = $176,374.96 Estimated Total Payment by the Local Government to the State on full execution of this Agreement = $176,374.96 This is an estimate. The final amount of the Local Government participation will be based on actual costs. AFA-AFA_VoITIP Page 1 of 1 Attachment A Y1011W HOMETOWN Council Meeting: January 22, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-17-13 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); anticipated litigation with Amazing Solar Solutions. The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. YOUR)HOMETOWN Council Meeting: January 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-17-13 Exhibits: ❑ Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for January 22, 2013 City of Anna Special Meeting or any Closed Session occurring during this Special Meeting, as necessary. SUMMARY: RECOMMENDATION: Y{OUR} 110METOWN Council Meeting: January 22, 2013 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. �1 ilu 1►i Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 1-17-13 Exhibits: ❑ Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn. i �v